- 3 - petition with this Court. Petitioner did not cooperate with respondent in preparing for trial. Before trial, petitioner asserted that he had a right not to testify because to do so would have required him to waive his Fifth Amendment privilege against self-incrimination. Petitioner did not identify or exchange any documents, identify witnesses, or file a pretrial memorandum as required by the standing pretrial order. Respondent complied with these requirements. OPINION A. Burdens of Production and Proof 1. Burden of Production a. Section 6201(d) If a taxpayer asserts a reasonable dispute with respect to any item of income reported on a third-party information return and the taxpayer has fully cooperated with the Secretary, the Secretary has the burden of producing reasonable and probative information concerning that deficiency in addition to the information return. Sec. 6201(d). Petitioner did not introduce any evidence to refute respondent’s evidence or show that respondent’s determination of petitioner’s income is in error. We conclude that respondent does not have the burden of production under section 6201(d) because petitioner did not assert a reasonable dispute with respect to any item of income reported on an information returnPage: Previous 1 2 3 4 5 6 7 8 9 Next
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